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Updated almost 6 years ago,

User Stats

2,113
Posts
195
Votes
Alex Hamilton
  • Property Manager
  • Baton Rouge, LA
195
Votes |
2,113
Posts

Are Sales Subject to Existing Mortgages in Louisiana Legal

Alex Hamilton
  • Property Manager
  • Baton Rouge, LA
Posted

Anyone know if "Sales Subject to Existing Mortgages" are legal in Louisiana.  I ask because I did one and ended up arrested for felony theft.  The Bank called my loan on the "due on sale clause" after my buyer missed two Notes.  The buyer made up the missed notes and continued to pay on time but, the "Subject to" agreement or promissory note to me my buyer held was due payment of balance in full.  Thus, the property went into foreclosure, and the buyer filed charges for theft of her money in the transaction, I assumed by filing a false police report.  I.e. claiming transaction was a lease with option to buy.

It should be noted that I filed a Chapter 13 Bankruptcy trying to keep the buyer in the house but the buyer refused to pay the Bankruptcy Court.